Posted on 02/20/2009 2:30:59 AM PST by Born Conservative
A witness will testify one or both of the disgraced Luzerne County judges who have pleaded guilty to accepting millions in kickbacks have “direct connections” to jailed mobster William “Big Billy” D’Elia, according to a petition filed Thursday in the state Supreme Court by lawyers for the owners of The Citizens’ Voice.
The petition asks the court to vacate a $3.5 million defamation verdict issued by suspended Judge Mark A. Ciavarella Jr. in June 2006 against the Scranton Times LP, a related company called the Times Partner and former Citizens’ Voice reporter Edward Lewis.
After a nonjury trial, Judge Ciavarella ruled in favor of West Pittston businessman Thomas A. Joseph, who claimed he was defamed in a series of newspaper stories in 2001 after federal raids at his business and homes owned by him, Mr. D’Elia and others.
In its petition, Scranton Times LP alleges then-President Judge Michael T. Conahan and his first cousin, Court Administrator William T. Sharkey Sr., “steered” the case into Judge Ciavarella’s courtroom, ignoring the usual practice in which cases were assigned on a rotating basis. Judge Ciavarella issued one-sided rulings and ignored evidence Mr. Joseph and Mr. D’Elia were close associates who were suspected of money laundering, the petition says.
Mr. D’Elia was arrested on money-laundering charges in May 2006, a month before the trial. Mr. Joseph was never charged.
In his opinion, Judge Ciavarella wrote, “There was no credible evidence presented at trial linking the two men beyond being social acquaintances.”
In the past week, Judges Conahan and Ciavarella have pleaded guilty to accepting $2.6 million in kickbacks from a juvenile detention owner and contractor, and Mr. Sharkey has pleaded guilty to embezzling more than $70,000 from the county.
“The unusual handling of judicial assignments in Joseph v. Scranton Times, the scope and subject of newspaper articles in question, and a cascade of recent revelations regarding corruption in the Luzerne County Court of Common Pleas strongly suggest the $3.5 million nonjury verdict was fixed ...” the petition says.
“Petitioners have identified a potential witness who, on reliable information and to Petitioners’ belief, would testify concerning direct connections between Mr. D’Elia and Judge Conahan and/or Judge Ciavarella.”
The petition asks the court to allow Scranton Times L.P. to gather evidence it believes will reveal additional evidence of ties between Mr. D’Elia and one or both of the judges.
Kevin C. Abbott, an attorney for Scranton Times L.P., declined comment on the petition or the identity of the unnamed witness.
“We’re going to let it speak for itself,” he said.
The petition is Scranton Times L.P.’s second appeal in the case. The state Superior Court rejected its bid to have the verdict overturned in September.
Mr. Joseph’s attorney, George W. Croner, said the state Supreme Court shouldn’t consider the petition, arguing “it raises no fundamental issue” about how the actual trial was conducted.
“I don’t think it has any merit, using the current injustice that exists in Luzerne County and the court system there to overturn a perfectly valid judgment ... It collects a lot of innuendo and gossip and tries to use it to tar the valid judgment that exists in this case that was upheld by the Superior Court.”
Mr. Joseph did not return phone messages Thursday. Mr. Croner said his client would have no comment.
Efforts to reach Judges Conahan and Ciavarella and Mr. Sharkey were unsuccessful Thursday.
Judge Ciavarella’s attorney, Al Flora Jr., said he hadn’t seen the petition and could not comment. Judge Conahan’s attorney, Philip Gelso, and Mr. Sharkey’s attorney, Bruce Miller, did not return phone messages.
Efforts to reach Mr. D’Elia’s attorney, James Swetz, were unsuccessful.
Mr. D’Elia, 62, the longtime reputed head of the Bufalino crime family, is serving nine years in federal prison for money laundering and witness tampering.
Scranton Times L.P.’s petition argues Judge Ciavarella ignored evidence in federal search warrant affidavits presented during the trial that stated Mr. D’Elia and Mr. Joseph were “involved in and/or have knowledge of various federal criminal violations.”
The affidavits quoted confidential sources who alleged Mr. Joseph and Mr. D’Elia were involved in money laundering.
The petition also argues Mr. Sharkey and Judge Conahan worked together to ensure the pretrial hearings and the actual trial would be assigned to Judge Ciavarella even though Judge Ciavarella and Judge Conahan had assured Scranton Times L.P. the selection of a trial judge would be made at random by the court administrator’s office.
The petition cites a record recently obtained from the court administrator’s office that notes the case was assigned to Judge Ciavarella by WTS, which are Mr. Sharkey’s initials, at the direction of MTC, which are Judge Conahan’s.
Judge Conahan refused a request from Scranton Times L.P. to have a judge from another county hear the case.
Luzerne County President Judge Chester B. Muroski declined comment on the allegations of ties between Mr. D’Elia and Judge Conahan and/or Judge Ciavarella. He said he was familiar with the Joseph defamation case.
“I was very surprised the Superior Court upheld that verdict,” said Judge Muroski, who declined to elaborate.
The Scranton Times L.P. petition cites numerous aspects of the corruption investigation that led to charges against Judges Conahan and Ciavarella, and Mr. Sharkey including:
■ A statement from attorneys for Robert J. Powell, a Butler Twp. attorney whose company allegedly paid some of the kickbacks to the two judges, that claimed Judges Conahan and Ciavarella had extorted payments from him because he was “particularly vulnerable to the pressures these judges could bring to bear on him and his clients.”
■ A review of the system for appointing neutral arbitrators in certain insurance cases in Luzerne County Court ordered by Judge Muroski in reaction to media reports of rumors of case-fixing and the possible manipulation of that process by Judges Conahan and Ciavarella.
■ A column in the legal journal The Legal Intelligencer citing rumors “the investigation of the judges was the result of William D’Elia talking.”
Mr. D’Elia has been in federal custody since October 2006. In July 2007, he appeared before a Dauphin County grand jury that later recommended perjury charges against Dunmore businessman Louis A. DeNaples. Mr. DeNaples is accused of hiding ties to Mr. D’Elia and other crime figures when seeking a state casino license.
Mr. Joseph, 65, appeared before the same grand jury in August 2007.
Federal prosecutors say Mr. D’Elia aided the Dauphin County case against Mr. DeNaples and he could win a reduced sentence for continued cooperation. The perjury case against Mr. DeNaples has been stalled by his appeals in state Supreme Court.
Judge Conahan and Mr. DeNaples served together on the board of First National Community Bank in Dunmore, where Mr. DeNaples was chairman until federal bank regulators suspended him in reaction to the perjury charges in January 2008.
Judge Conahan resigned from the board last month after the charges against him were announced.
In the last two weeks, the bank has filed legal action to collect $4.15 million from defaulted loans guaranteed by Judges Conahan and Ciavarella, bank board member Michael G. Cestone, Mr. Powell and his law partner, Luzerne County Prothonotary Jill A. Moran.
The loans were taken by W-Cat Inc., the company behind a failed townhouse development in Wright Twp.
I wonder if I am related to this guy? Same last name. Spelled correctly...You guys better be nice to me or else!
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